BILL NUMBER: AB 1573	CHAPTERED  10/10/99

	CHAPTER   647
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   JULY 13, 1999
	AMENDED IN SENATE   JUNE 28, 1999

INTRODUCED BY   Assembly Member Strom-Martin
   (Principal coauthors:  Senators Monteith and Morrow)
   (Coauthors:  Senators Alpert and Johnston)

                        FEBRUARY 26, 1999

   An act to amend and renumber Section 38048 of the Education Code,
and to amend Sections 22112 and 22454 of the Vehicle Code, relating
to vehicles, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1573, Strom-Martin.  Vehicles:  schoolbuses.
   (1) Existing law requires that pupils, as prescribed, who receive
home-to-school transportation, receive specified schoolbus safety
instruction once each school year.
   This bill would add a specified training subject to the required
safety instruction.
   (2) Existing law exempts a schoolbus driver from the flashing red
signal lights and stop signal arm requirements at locations
identified by a school district, in consultation with the Department
of the California Highway Patrol, that are determined to present a
unique traffic hazard due to roadway design or proximity to an
intersection, or where special education pupils are boarding or
pupils may require assistance to board or unload the schoolbus or
school pupil activity bus.
   This bill, instead, would exempt a schoolbus driver from the
flashing red signal lights and stop signal arm requirements at
specified locations, including locations determined by a school
district, with the approval of the department, to present a traffic
or safety hazard, and excluding locations where pupils are loading or
unloading from a schoolbus and must cross a highway or private road
upon which the schoolbus is stopped.
   (3) This bill would authorize the Department of the California
Highway Patrol to impose the above described signal requirements, as
specified, at any location where the department determines that the
activation is necessary for the safety of school pupils loading or
unloading from schoolbuses.  Because a violation of this
department-imposed requirement would be a crime, the bill would
impose a state-mandated local program by expanding the scope of an
existing crime.
   (4) Existing law provides that the driver of a vehicle upon a
highway with separate roadways need not stop upon meeting or passing
a schoolbus that is upon the other roadway.
   This bill would recast this provision to provide that a driver of
a vehicle upon a divided highway or multiple-lane highway, as
defined, need not stop upon meeting or passing a schoolbus that is
upon the other roadway.
   (5) Existing law provides that the driver of a vehicle need not
stop upon meeting or passing a schoolbus that is stopped at an
intersection or place where traffic is controlled, as specified.
   This bill would delete that provision.
   (6) Existing law requires a schoolbus driver to undertake certain
courses of action when the bus is stopped on a highway or private
road for the purpose of loading or unloading pupils at a location
where traffic is not controlled by a traffic officer or official
traffic control signal.
   This bill would delete the official traffic control signal
exception for certain of those courses of action.  Because this would
have the effect of expanding the scope of an existing crime, the
bill would impose a state-mandated local program.
   (7) The bill would require the Department of the California
Highway Patrol to undertake a specific study regarding flashing red
lights and stop signal arms and to report the results of that study
to the Legislature on or before January 1, 2005.
   (8) This bill would incorporate additional changes in Section
38048 of the Education Code proposed by AB 15, to become operative
only if both bills are enacted and become operative on or before
January 1, 2000, and this bill is enacted last.
  (9) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (10) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 38048 of the Education Code is amended and
renumbered to read:
   39831.5.   (a) All pupils in prekindergarten, kindergarten, and
grades 1 to 12, inclusive, in public or private school who are
transported in a schoolbus or school pupil activity bus shall receive
instruction in schoolbus emergency procedures and passenger safety.
The county superintendent of schools, superintendent of the school
district, or owner/operator of a private school, as applicable, shall
ensure that the instruction is provided as follows:
   (1) Upon registration, the parents or guardians of all pupils not
previously transported in a schoolbus or school pupil activity bus
and who are in prekindergarten, kindergarten, and grades 1 to 6,
inclusive, shall be provided with written information on schoolbus
safety.  The information shall include, but not be limited to, all of
the following:
   (A) A list of schoolbus stops near each pupil's home.
   (B) General rules of conduct at schoolbus loading zones.
   (C) Red light crossing instructions.
   (D) Schoolbus danger zone.
   (E) Walking to and from schoolbus stops.
   (2) At least once in each school year, all pupils in
prekindergarten, kindergarten, and grades 1 to 8, inclusive, who
receive home-to-school transportation shall receive safety
instruction that includes, but is not limited to, proper loading and
unloading procedures, including escorting by the driver and how to
safely cross the street, highway, or private road, proper passenger
conduct, bus evacuation, and location of emergency equipment.
Instruction also may include responsibilities of passengers seated
next to an emergency exit.  As part of the instruction, pupils shall
evacuate the schoolbus through emergency exit doors.
   (3) Prior to departure on a school activity trip, all pupils
riding on a schoolbus or school pupil activity bus shall receive
safety instruction which includes, but is not limited to, location of
emergency exits, and location and use of emergency equipment.
Instruction also may include responsibilities of passengers seated
next to an emergency exit.
   (b) The following information shall be documented each time the
instruction required by paragraph (2) of subdivision (a) is given:
   (1) Name of school district, county office of education, or
private school.
   (2) Name and location of school.
   (3) Date of instruction.
   (4) Names of supervising adults.
   (5) Number of pupils participating.
   (6) Grade levels of pupils.
   (7) Subjects covered in instruction.
   (8) Amount of time taken for instruction.
   (9) Bus driver's name.
   (10) Bus number.
   (11) Additional remarks.
   The information recorded pursuant to this subdivision shall remain
on file at the district or county office, or at the school, for one
year from the date of the instruction, and shall be subject to
inspection by the Department of the California Highway Patrol.
  SEC. 1.5.  Section 38048 of the Education Code is amended and
renumbered to read:
   39831.5.   (a) All pupils in prekindergarten, kindergarten, and
grades 1 to 12, inclusive, in public or private school who are
transported in a schoolbus or school pupil activity bus shall receive
instruction in schoolbus emergency procedures and passenger safety.
The county superintendent of schools, superintendent of the school
district, or owner/operator of a private school, as applicable, shall
ensure that the instruction is provided as follows:
   (1) Upon registration, the parents or guardians of all pupils not
previously transported in a schoolbus or school pupil activity bus
and who are in prekindergarten, kindergarten, and grades 1 to 6,
inclusive, shall be provided with written information on schoolbus
safety.  The information shall include, but not be limited to, all of
the following:
   (A) A list of schoolbus stops near each pupil's home.
   (B) General rules of conduct at schoolbus loading zones.
   (C) Red light crossing instructions.
   (D) Schoolbus danger zone.
   (E) Walking to and from schoolbus stops.
   (2) At least once in each school year, all pupils in
prekindergarten, kindergarten, and grades 1 to 8, inclusive, who
receive home-to-school transportation shall receive safety
instruction  that includes, but is not limited to, proper loading and
unloading procedures, including escorting by the driver, how to
safely cross the street, highway, or private road, instruction on the
use of passenger restraint systems, as described in paragraph (3),
proper passenger conduct, bus evacuation, and location of emergency
equipment.  Instruction also may include responsibilities of
passengers seated next to an emergency exit.  As part of the
instruction, pupils shall evacuate the schoolbus through emergency
exit doors.
   (3) Instruction on the use of passenger restraint systems shall
include, but not be limited to, all of the following:
   (A) Proper fastening and release of the passenger restraint
system.
   (B) Acceptable placement of passenger restraint systems on pupils.

   (C) Times at which the passenger restraint systems should be
fastened and released.
   (D) Acceptable placement of the passenger restraint systems when
not in use.
   (4) Prior to departure on a school activity trip, all pupils
riding on a schoolbus or school pupil activity bus shall receive
safety instruction that includes, but is not limited to, location of
emergency exits, and location and use of emergency equipment.
Instruction also may include responsibilities of passengers seated
next to an emergency exit.
   (b) The following information shall be documented each time the
instruction required by paragraph (2) of subdivision (a) is given:
   (1) Name of school district, county office of education, or
private school.
   (2) Name and location of school.
   (3) Date of instruction.
   (4) Names of supervising adults.
   (5) Number of pupils participating.
   (6) Grade levels of pupils.
   (7) Subjects covered in instruction.
   (8) Amount of time taken for instruction.
   (9) Bus driver's name.
   (10) Bus number.
   (11) Additional remarks.
   The information recorded pursuant to this subdivision shall remain
on file at the district or county office, or at the school, for one
year from the date of the instruction, and shall be subject to
inspection by the Department of the California Highway Patrol.
  SEC. 2.  Section 22112 of the Vehicle Code is amended to read:
   22112.  (a) On approach to a schoolbus stop where pupils are
loading or unloading from a schoolbus, the driver of the schoolbus
shall activate an approved flashing amber light warning system, if
the  schoolbus is so equipped, beginning 200 feet before the
schoolbus stop.  The driver shall operate the flashing red signal
lights and stop signal arm, as required on the schoolbus, at all
times when the schoolbus is stopped for the purpose of loading or
unloading pupils.  The flashing red signal lights, amber warning
lights, and stop signal arm system shall not be operated at any place
where traffic is controlled by a traffic officer.  The schoolbus
flashing red signal lights, amber warning lights, and stop signal arm
system shall not be operated at any other time.
   (b) The driver shall stop to load or unload pupils only at a
schoolbus stop designated for pupils by the school district
superintendent or authorized by the superintendent for school
activity trips.
   (c) When a schoolbus is stopped on a highway or private road for
the purpose of loading or unloading pupils, at a location where
traffic is not controlled by a traffic officer, the driver shall do
all of the following:
   (1) Check for approaching traffic in all directions and activate
the flashing red light signal system and stop signal arm, as defined
in Section 25257, if equipped with a stop signal arm.
   (2) Before opening the door, ensure that the flashing red signal
lights and stop signal arm are activated, and that it is safe to exit
the schoolbus.
   (d) When a schoolbus is stopped on a highway or private road for
the purpose of loading or unloading pupils, at a location where
traffic is not controlled by a traffic officer or official traffic
control signal, the driver shall do all of the following:
   (1) Escort all pupils in prekindergarten, kindergarten, or any of
grades 1 to 8, inclusive, who need to cross the highway or private
road.  The driver shall use an approved hand-held "STOP" sign while
escorting all pupils.
   (2) Require all pupils to walk in front of the bus as they cross
the highway or private road.
   (3) Ensure that all pupils who need to cross the highway or
private road have crossed safely, and that all other unloaded pupils
and pedestrians are a safe distance from the  schoolbus and it is
safe to move before setting the schoolbus in motion.
   (e) Except at a location where pupils are loading or unloading
from a schoolbus and must cross a highway or private road upon which
the schoolbus is stopped, the flashing red signal lights and stop
signal arm requirements imposed by this section do not apply to a
schoolbus driver at any of the following locations:
   (1) Schoolbus loading zones on or adjacent to school grounds or
during an activity trip, if the schoolbus is lawfully parked.
   (2) Where the schoolbus is disabled due to mechanical breakdown.
   (3) Where pupils require assistance to board or leave the
schoolbus.
   (4) Where the roadway surface on which the bus is stopped is
partially or completely covered by snow or ice and requiring traffic
to stop would pose a safety hazard.
   (5) On a state highway with a posted speed limit of 55 miles per
hour or higher where the schoolbus is completely off the main
traveled portion of the highway.
   (6) Any location determined by a school district, with the
approval of the Department of the California Highway Patrol, to
present a traffic or safety hazard.
   (f) Notwithstanding subdivisions (a) to (d), inclusive, the
Department of the California Highway Patrol may require the
activation of an approved flashing amber light warning system, if the
schoolbus is so equipped, or the flashing red signal light and stop
signal arm, as required on the schoolbus, at any location where the
department determines that the activation is necessary for the safety
of school pupils loading or unloading from a schoolbus.
  SEC. 3.  Section 22454 of the Vehicle Code is amended to read:
   22454.  (a) The driver of any vehicle, upon meeting or overtaking,
from either direction, any schoolbus equipped with signs as required
in this code, that is stopped for the purpose of loading or
unloading any schoolchildren and displays a flashing red light signal
and stop signal arm, as defined in paragraph (4) of subdivision (b)
of Section 25257, if equipped with a stop signal arm, visible from
front or rear, shall bring the vehicle to a stop immediately before
passing the schoolbus and shall not proceed past the schoolbus until
the flashing red light signal and stop signal arm, if equipped with a
stop signal arm, cease operation.
   (b) (1) The driver of a vehicle upon a divided highway or
multiple-lane highway need not stop upon meeting or passing a
schoolbus that is upon the other roadway.
   (2) For the purposes of this subdivision, a multiple-lane highway
is any highway that has two or more lanes of travel in each
direction.
   (c) (1) If a vehicle was observed overtaking a schoolbus in
violation of subdivision (a), and the driver of the schoolbus
witnessed the violation, the driver may, within 24 hours, report the
violation and furnish the vehicle license plate number and
description and the time and place of the violation to the local law
enforcement agency having jurisdiction of the offense.  That law
enforcement agency shall issue a letter of warning prepared in
accordance with paragraph (2) with respect to the alleged violation
to the registered owner of the vehicle.  The issuance of a warning
letter under this paragraph shall not be entered on the driving
record of the person to whom it is issued, but does not preclude the
imposition of any other applicable penalty.
   (2) The Attorney General shall prepare and furnish to every law
enforcement agency in the state a form letter for purposes of
paragraph (1), and the law enforcement agency may issue those letters
in the exact form prepared by the Attorney General.  The Attorney
General may charge a fee to any law enforcement agency that requests
a copy of the form letter to recover the costs of preparing and
providing that copy.
   (d) This section also applies to a roadway upon private property.

  SEC. 4.  The Department of the California Highway Patrol shall
undertake a study of the effectiveness of requiring the drivers of
schoolbuses to activate the buses' flashing red signal systems, and,
if equipped, the stop signal arms.  The report shall provide a
detailed analysis on the impact of these systems and signal arms on
reducing accidents, injuries, and deaths.  Notwithstanding Section
7550.5 of the Government Code, the department shall submit the
results of the study to the Legislature on or before January 1, 2005.

  SEC. 5.  Section 1.5 of this bill incorporates amendments to
Section 38048 of the Education Code proposed by both this bill and
Assembly Bill 15.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends and renumbers Section 38048 of the Education Code,
and (3) this bill is enacted after Assembly Bill 15, in which case
Section 38048, as amended and renumbered by Section 1 of this bill,
shall remain operative only until the operative date of AB 15, at
which time Section 1.5 of this bill shall become operative.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure, as soon as possible, that schoolbus drivers
are required to activate flashing amber warning lights in a manner
that prevents schoolbus accidents and safeguards students and the
public, it is necessary that this act take effect immediately.
